Health in Scotland

CMS

CMS maintains an excellent healthcare practice acting for NHS and private sector clients across the full spectrum of matters including big-ticket litigation, large-scale projects, and operational matters for hospitals. The team has considerable expertise in healthcare regulation, and is active across the community and social care sectors. Practice head Amanda Methven advises on healthcare infrastructure and disputes related to healthcare facilities. The group leverages its wider firm capabilities to handle high value development financing and construction projects; Jenny Durie and Shona Frame are key contacts here. High-profile public inquiries and contentious matters are led by Harriet Munro.

Practice head(s):

Amanda Methven

Other key lawyers:

Alisa Richie; Jenny Durie; Shona Frame; Harriet Munro

Testimonials

‘CMS’s team, led by Alisa Richie, provided strong leadership during the commercial stages, supportive approaches to help address client concerns, and a dedicated resource to ensure key program challenges were met. All of this have ensured a robust, well-challenged and documented commercial conclusion, ensuring our interests always came first.’

‘ At all times all the team were fully up to speed with negotiations and always new what was required. As the complex negotiation came to a climax they always ensured our interests were at the forefront of discussions and held firm on important points to us.’

Key clients

Scottish Event Campus

NHS National Services Scotland (NSS)

Pierval Santé

NHS Greater Glasgow & Clyde (NHS GG)

3i Infrastructure

Unity Trust Bank

Places for People Leisure

Work highlights

  • Appointed by NHS National Services Scotland to advise them as they go out to market to procure a new technology solution to connect more than 6,000 public sector sites in Scotland.
  • Working with 3i Infrastructure plc, one of the UK’s major infrastructure investors, and its asset manager, Infrastructure Managers for over a decade now, and continuing to advise its Project Companies in relation to existing UK acute healthcare projects.
  • Advising Pierval Santé in respect of the development funding of new build 70-bed care home for the elderly in North Berwick and the forward letting of the completed care home to the operator, Morar Care.

Brodies LLP

Brodies LLP is singled out for its ‘outstanding’ health practice and regularly receives significant instructions across the contentious and non-contentious space, including major national enquiries and complex regulatory work. Practice head Jackie McGuire is an ‘impressive operator’ and continues to excel at healthcare provider regulation, counting Scottish Care as a key client, as well as advising on personal data, funding opportunities and administration of medicine. Also in the team is David Gallagher who heads the life-sciences group; he advises on international commercial contracts and regulatory issues.

Practice head(s):

Jackie McGuire

Other key lawyers:

David Gallagher

Testimonials

‘Excellent advice, tailored to the individual requirements and fully based on contractual requirements.’

‘The advice is thorough, detailed and provided swiftly to meet operational needs’.

‘Jackie McGuire is an excellent adviser, she is focussed on the needs of the client and her procurement and health advice is outstanding.’

Key clients

Huntercombe Neuro Ltd

Huntercombe Adult Ltd

Mauricare (Ascot Care) Ltd

Care Concern UK Ltd

Dornoch Medical Care

Scottish Care

WL Gore & Associates

Care UK Homecare Ltd

Professional Standards Authority for Health and Social Care

Multiplex

Lorimer Care Homes

Omega Diagnostics Ltd

Aseptic Health

TC BioPharm

Antonine Court Limited

Northcare

Meallmore Care Group

Work highlights

  • Advised Mauricare Ascot Limited extensively in relation to evidential and procedural requirements in healthcare regulatory proceedings undertaken by the Care Inspectorate.
  • Advised Omega Diagnostics plc/Omega Diagnostics Limited on drafting and negotiation regarding manufacture, supply, distribution and licensing of Covid-19 LFT test kits for UK Government and private travel market and extensive advice regarding “core” diagnostics business for other diseases including complex healthcare regulatory advice.
  • Acted on the £160m financing of Oakland Care Group, backed by the PE House, Synova, this landmark deal enables the development of a pipeline of a further 10 super-prime care homes in Southern England.

Burness Paull LLP

Burness Paull LLP is known for its handling of large-scale projects in the healthcare space, advising across the construction, real estate and IP areas for both public and private sector clients, including NHS Lothian. The team has a strong care-home sector sub-group advising on property acquisitions and disposals and has seen an increase in Medtech instructions. Edinburgh based practice head Chris Mackay advises on PFI/PPP matters whilst contentious mandates, including high-profile product liability disputes, are handled by Joanna Fulton. Chris Horsley remains a core member of the group handling commercial contracts.

Practice head(s):

Chris Mackay

Other key lawyers:

Joanna Fulton; Chris Horsley

Key clients

NHS Lothian

Hub West Scotland Limited

Hamberley Care Homes

Lenus Health

Scottish Enterprise

Smith & Nephew

Medtronic

Cello Health

Impact Healthcare REIT plc

Merck

Work highlights

  • Advised NHS Lothian on the urgent delivery of a number of mass vaccine centres in various locations in the Lothian area.
  • Acted for Waterland on the Scots law aspects of the acquisition of Priory Group, the leading provider of behavioural healthcare services in the UK, from Acadia Healthcare Company Inc.
  • Act for Scottish Enterprise on a range of transactions in the healthcare and life sciences sectors.

MacRoberts LLP

Providing a ‘first class service’, MacRoberts LLP has a proven track record advising NHS Trusts and Scottish health boards on large-scale infrastructure projects and facilities, contract agreements and complex medical litigation. Spearheaded by David Wylie, who specialises in corporate acquisitions and joint venture agreements, the team advises on care home acquisitions and multi-million-pound disposal mandates. Rod Munro advises on PFI/PPP transactions. Elsewhere, the practice is garnering a reputation in the wider private services healthcare area.

Practice head(s):

David Wylie

Other key lawyers:

Rod Munro

Testimonials

‘Macroberts always provide a high level of service to us and our clients.’

‘They are one of my go-to firms for legal advice given in simple laymans terms. Their pricing is fair and transparent.’

‘This practice has always provided a first-class service and given excellent advice for our unique contract.’

Key clients

NHS Greater Glasgow & Clyde

NHS Lothian

NHS Lanarkshire

Vascutek Limited, trading as Terumo Aortic

The Care Inspectorate

NHS Monklands

The Renaissance Care Group

The Coalition of Care Providers

HSBC UK plc

The Scottish Government

Work highlights

  • Acting on behalf of NHS Greater Glasgow & Clyde in Court of Session proceedings raised against (1) Multiplex Construction Europe Limited; (2) Currie & Brown and (3) Capita Property and Infrastructure Limited seeking payment of approximately £74m in damages in respect of defects identified in the Queen Elizabeth University Hospital.
  • Advising on the new £450m Monklands hospital.
  • Advised on a total of 16 sales to corporate consolidators of a wide variety of dental practices across Scotland with a total deal value of c.£14.5m.

Davidson Chalmers Stewart

General medical and dental practices continue to instruct Davidson Chalmers Stewart on corporate and commercial needs, including sales and acquisitions, as well as transactional matters. Contractual issues, surgery developments and regulatory work also feature in the caseload, with practice head Craig Stirling advising on partnerships and co-head Andy Drane on property. The team also represents a significant number of care sector clients.

Practice head(s):

Craig Stirling; Andy Drane

Testimonials

‘Expert knowledge in General Practice.’

‘Timely reminders when I need to input to their process, flexibility to wait when I’m busy.’

‘Timely delivery of the final product.’

Key clients

Portman Dental Care

Clyde Munro Dental Group=

Edinburgh Orthodontics Limited

Tepnel Pharma Services Limited

Samarkand Holdings Limited

Association for Real Care Limited (ARC)

Direct Healthcare Group

Aviemore Medical Practice

Baronscourt Medical Practice

RUA Life Sciences PLC

Work highlights

  • Advising on The Scottish Government’s flagship policy to support NHS Primary Care providers in Scotland is to provide interest free evergreen loans.
  • Acted on the consolidation of almost 30 dental practices in 2021.
  • Advised RUA Life Sciences PLC in connection with a complex share rationalisation to allow further investment and expansion of its business.

Shepherd and Wedderburn

Shepherd and Wedderburn is known for its focus on large care home groups, public bodies and healthcare investment funds, and is led by Glasgow-based practice head John Elder who remains the key name for healthcare related infrastructure matters. Social care acquisitions and developments, as well as transactional mandates in the community sector are all handled by the team. Regulatory investigations (including the Health and Safety Executive) are led by Kevin Clancy whilst Nigel Sievwright has extensive experience handling PPP/PFI and NPD projects.

Practice head(s):

John Elder

Other key lawyers:

Kevin Clancy; Nigel Sievwright

Testimonials

Kevin Clancy has provided me and my organisation with an exceptional service this past year. we instruct him on a weekly basis. He provides excellent, clear advice which is always delivered promptly. He is very professional yet personable. Kevin has also appeared in the Court of Session on behalf of our organisation and provided an outstanding level of advocacy.’

Key clients

Four Seasons Health Care

Primary Health Properties

Government of Jersey

Caring Homes Healthcare Group

Nursing and Midwifery Council

Consort Healthcare

University of Aberdeen

The Royal Environmental Health Institute of Scotland

The Children’s Heart Disease Trust

Medical Protection Society

Work highlights

  • Advised FTSE 250-listed REIT, Primary Health Properties plc, in relation to its Scottish portfolio, including aspects of three new and renewed loan facilities and a bond issue and asset management transactions with its NHS, GP and pharmacy tenants.
  • Continuing to advise the Government of Jersey (GoJ) on procurement of its Our Hospital project, one of the largest capital projects undertaken by the GoJ.
  • Advised the Nursing and Midwifery Council (NMC), the UK regulator for nursing and midwifery professions, on investigation work and court cases in Scotland relating to fitness to practice cases and appeals.

Thorntons Law LLP

Based largely out of Dundee, the highly rated Thorntons Law LLP has a specialism in the dental sector with expertise in Scottish dental regulations and the veterinary sector. Michael Royden jointly manages the practice alongside Ewan Miller who focuses on the care home and pharmacy sector, and handles all manners of corporate transactions. Legal director Kim Campbell advises dental clients on regulatory issues and is recommended for her knowledge on the Statement of Dental Remuneration.

Practice head(s):

Michael Royden; Ewan Miller

Other key lawyers:

Kim Campbell

Testimonials

‘Thorntons Law are experts in the field of dentistry legal work which is what I call upon them for most. They are one of the go-to firms in Scotland as they have a wide level of sectoral knowledge backed up by attentive and well-trained colleagues. It is always good to see them acting for one of our clients as well as we have 100% confidence in their ability to deliver.’

‘Kim Campbell – a great understanding of the dental market in particular. Her attention to detail and her knowledge in the sector set her out from others.’

‘The Healthcare team have a great understanding of the Pharmacy Sector which makes the transactions we do with them more straightforward.’

‘Michael Royden has been a joy to work with. Extremely knowledgeable and proficient within his sector. Always available to contact and nothing is ever too much trouble, which makes any transaction so much smoother.’

‘Michael Royden was absolutely outstanding – his knowledge and attention to detail was second to none and he made us feel totally secure in his hands, dealing with not only the major parts of the process but also helped enormously with the “little things” which matter just as much .We found him to be exceptionally hard-working, a great listener and excellent at keeping the communications flowing, always keeping us abreast of the process whether there was news or not during the deal.’

‘Thornton’s Dundee team are exceptional. Their attention to detail is superb! Their knowledge of the Dental Sector is one the best in Scotland as they fully understand that our market is very different from that of England. 

‘Kim Campbell, Ewan Millar and the wider team are excellent to deal with on an individual basis and always quick to respond.’

Key clients

Walter Davidson & Sons Limited

Deans Pharmacy Group

Dr Eilidh Morgan

Dr Marion Duthie

Dr Alice Miller

Dr Fraser Mulford

Dr Jane Patterson

Charis UK Limited

Drs Martin & Humsha Rice

I & L Rooney Limited

Work highlights

  • Advised Walter Davidson & Sons Limited on its acquisition of Newfield (Dundonald) Limited, a multi-site pharmacy operator in the South of Scotland.
  • Advised Walter Davidson & Sons Limited on its acquisition of Dunblane Healthcare Limited, a multi-site pharmacy operator in the Central Belt.
  • Advised Martin and Humsha Rice on the sale of their dental practice to one of the UK’s leading dental corporates, Dentex Healthcare.